GRAHAM — The cost of Sheriff Terry Johnson’s legal defense against a U.S. Justice Department lawsuit continues to mount during the discovery phase in the case.

Alamance County has spent $39,680 from August 2011 through April 2013 in defense of Johnson. The last payment of $6,576 was made April 3, 2013 to Turrentine Law Firm.

The Alamance County Board of Commissioners on Monday approved a request made by County Attorney Clyde Albright to transfer $45,000 from a county legal department professional services account to an account specifically set up for the DOJ lawsuit against Johnson to continue funding his defense.

Albright said Tuesday the county has worked to handle as much of the caseload work in-house to save money. The county’s nearly $40,000 in payments to date has gone to attorney Chuck Kitchen with Turrentine Law Firm, who represents Johnson. Albright said the county will ask the DOJ to pay back all of the county’s legal fees incurred in the case at the conclusion.

County Manager Craig Honeycutt said Tuesday the commissioners are committed to continue to support and fund Johnson’s defense against the DOJ’s allegations.

A motion filed by Johnson’s defense team to dismiss the lawsuit on grounds that discrimination claims against him were moot was denied by a federal judge last week.

In June 2010, the Justice Department first notified Alamance County and Johnson of an investigation into allegations of discriminatory policing and unconstitutional searches and seizures. On Sept. 18, 2012, the Justice Department issued a formal findings letter detailing ACSO’s alleged discriminatory policing practices against Latinos.

On December 20, 2012, the Justice Department filed a complaint against Johnson claiming “he and his deputies have engaged in a pattern or practice of discriminatory law enforcement directed against Latinos.”

Johnson has repeatedly denied the allegations.

The Justice Department invited the Sheriff’s Office to negotiate a court-enforceable agreement to remedy the violations found. It declined the offer.

The scheduled date to complete all discovery in the case is Dec. 20. The general discovery phase will be completed by Sept. 6 with the completion of the expert discovery phase set for Dec. 20.